Kenya: The Kenyan government has been stopped from asking French conglomerate Lafarge to dilute its stake in East Africa Portland Cement Company (EAPCC) as the High Court seeks to establish whether the cement maker is a state-owned firm.

On 6 February 2014 Justice George Odunga allowed activist Charles Omanga to oppose the government's latest bid to have Lafarge reduce its interest in EAPCC. In 2012, the Competition Authority of Kenya issued Lafarge with an ultimatum to voluntarily offload part of its shares in EAPCC or have its stake in the company diluted by force under anti-trust laws.

The court will also review recommendations of a task force appointed by President Uhuru Kenyatta, which says that EAPCC does not qualify as a state-owned company because National Social Security Fund (NSSF) shares do not belong to the state but to contributors. Omanga wants this recommendation adopted in what will see the government lose the power to appoint the chairman of EAPCC, shifting the power to French giant Lafarge.

"I have granted leave to commence judicial review in terms of requests 2a, b and d," ordered Justice Odunga. "The implementation of the decision of the presidential task force for the government to invoke the Competition Act and dilute shareholding of (Lafarge) in EAPCC is to be kept in abeyance." The requests mentioned touched on Omanga's plea for the state to be stopped from interfering with Lafarge's stake with regard to competition matters and the declaration of EAPCC as public and not state-owned.

This recommendation of the taskforce will see the state ownership in EAPCC drop below 50%, given that the government has been treating NSSF shares as its own, making the cement firm a state corporation.

The government's stake in EAPCC stands at 25% compared to NSSF's 27%, Lafarge's 41% and the remaining 6% is held by investors through the Nairobi bourse. Lafarge also owns 58.9% of Bamburi Cement and the government has accused the French firm of seeking to damage EAPCC in order to protect its interests in the rival cement maker.

EAPCC has been embroiled in a long shareholder war that is mainly centred around the government's determination to have a new team shepherd the firm, a move that has been difficult with Lafarge's upper hand in the board.